Proviso. wharfage and dock area to be reserved by the Secretary of War as provided in section three of this Act, in order to effect the improvement of said lands for town-site pur- Purpose. poses and for the promotion and convenience of commerce with foreign nations and among the several States: Provided, however, That the Secretary of the Interior is hereby authorized and directed to withdraw from all drawn from forms of location or entry not to exceed three thousand acres to be selected by him and surrounding the land hereby made purchasable, subject to future disposition by the Congress. entry, etc. Prior rights SEC. 2. That no land covered by any valid existing protected. claim or right heretofore initiated or recognized under any law of the United States shall be subject to purchase under this Act until all rights thereunder have been transferred to said corporation or relinquished to the United States. re served for Proviso. SEC. 3. That the Secretary of War, as soon as practi- Land cable after the passage of this Act, shall establish a wharf- dock, etc., purage and dock area extending along the entire water front poses. of the land proposed to be bought by said corporation and one thousand feet in width, thereby fixing the seaward line of said wharfage and dock area, and the area thus established is hereby reserved and shall remain under the control of the United States, in trust, however, for the future State which may be created, including the same or any part thereof within its boundaries: Provided, That wharves, docks, slips, and waterways may be constructed and maintained within such wharfage and dock area in accordance with plans approved and terms and conditions prescribed from time to time by the Secretary of War, but the public at all times shall have the use of all such wharves, docks, slips, and waterways upon the payment of such reasonable charges, and under such regulations as may from time to time be fixed and prescribed by the Secretary of War. Plans. Right of eminent domain. SEC. 4. That the right of eminent domain may, after the issuance of patent hereunder, be exercised over any lands purchased under this Act, whether such lands may have been included within streets and alleys or otherwise, under any law applicable to lands held in private ownership in the district of Alaska, and no exclusive right of Exclusive way shall be granted to any person, company, or corpora- prohibited. tion over the lands purchased under this Act. right of way etc., to pur SEC. 5. That the corporation named in section one of Application, this Act shall, within six months after the approval chase. hereof, file with the register and receiver of the land dis- Time limit. trict within which the lands applied for are situated, an application to purchase under this Act, which application shall particularly describe the lands applied for and be accompanied with a certified copy of the field notes and plat of the survey of the boundaries of such lands, Plan of town site, etc., to be filed. made under the direction and supervision of the surveyor-general of the district of Alaska. SEC. 6. That the corporation named in section one of this Act shall, within twelve months after the approval of the application named in the foregoing section, subject to the approval and under the direction of the Secretary of the Interior, file with the said Secretary a detailed plan of a town site, embracing the lands applied for, upon which shall be delineated adequate streets, alleys, lots, blocks, wharves, docks, slips, and waterways, and such reservations as the said Secretary may deem necessary and suitable for public use as parks and sites for public and school buildings and coaling stations: Proeservations, vided, That the reservations for public parks shall, in addition to such other lands as may be needed for that purpose, include all of said lands which can not be reasonably utilized as sites for building purposes; and said corporation shall, after patent, dedicate and convey all of the said reservations for such public uses. etc. Proviso. Payment of reservation for poses. etc. SEC. 7. That the corporation named in section one of purchase price. this Act, or its assigns, shall, within six months from the approval of the plan mentioned in the preceding section, pay to the proper receiver the full purchase price of the Preparing lands applied for; and within five years after the issuwharfage and ance of patent said corporation shall do all things necestown-site pur- sary to render three hundred and twenty acres of the land purchased suitable and available for wharfage and townsite purposes in accordance with the plan thereof subConstruction mitted as required in section six of this Act, and shall of dock, pier, within two years from the approval of the plan mentioned in the preceding section construct within said wharfage and dock area a public dock, wharf, or pier, with suitable approaches on the land side and with not less than thirty-four feet of water at mean low tide leading to and surrounding the same, so as to enable ocean steamers to approach, dock, discharge and take on carCancellation goes thereat; that patent for said lands shall recite that they are issued under the provisions of this Act and are subject to cancellation and the land therein granted to Forfeiture. forfeiture as herein provided; and if said corporation or its assigns shall fail to comply with any of the terms and conditions of this Act, either before or after the issuance of patent, all interests, rights, or title which may have accrued or vested under this Act shall be forfeited to the United States, and the application under which they accrued, or the patent under which they vested, shall be canceled: Provided, That the Secretary of the Interior may, on satisfactory showing, reasonably extend the time within which any of the Acts enumerated in this Act may be performed. of patent. Proviso. Extension of time. Confining waters of Cor SEC. 8. That said corporation shall have the right to dova Creek, confine the waters of Cordova Creek to one channel and to straighten and deepen the same in such manner as may be prescribed by the Secretary of War. etc. CHAP. 80.-An Act Relating to affairs in the Territories. Feb. 6, 1909. [H. R. 21957.] Be it enacted by the Senate and House of Representa- [Public, No. tives of the United States of America in Congress assem bled, ALASKA. 216.] 35 Stat. L., pt. 1, p. 600. Territories omnibus act. issue bonds to That the incorporated town of Valdez, Alaska, is hereby Valdez may authorized and empowered to issue its bonds in any sum construct dikes, not exceeding fifteen thousand dollars for the purpose of etc. constructing dikes, dams, and other protection to keep the waters from the Valdez Glacier from running into, over, and upon the town of Valdez. tion. SEC. 2. That before said bonds shall be issued a special Special elecelection shall be ordered by the common council of the town of Valdez, at which election the question whether such bonds shall be issued shall be submitted to the qualified electors of said town of Valdez, whose names appear on the last assessment roll of said town for municipal taxation. Thirty days' notice of any such election shall Notice. be given by publication thereof in a newspaper printed and published and of general circulation in said town before the day fixed for such election. for etc. election, SEC. 3. That the registration for such election, the Registration manner of conducting the same, and the canvass of the returns of said election shall be, as nearly as practicable, in accordance with the requirements of law in general or special elections in said municipality, and said bonds Majority shall be issued only upon the condition that a majority of votes required. the votes cast at such election in said town shall be in favor of issuing said bonds. SEC. 4. That the bonds above specified, when author- Interest payized to be issued as hereinbefore provided, shall bear in- ments. terest at a rate not to exceed six per centum per annum, payable semiannually, and shall not be sold for less than Provisos. Payment of bonds. their par value with accrued interest and shall be in de-Denominanominations not exceeding one thousand dollars each, tion. the principal to be due in ten years from date thereof: Provided, however, That the common council of said town of Valdez may reserve the right to pay off such bonds in their numerical order at the rate of five thousand dollars thereof per annum from and after the expiration of five years from their date. Principal and interest shall be payable in lawful money of the United States of America at the office of the town treasurer of the town of Valdez, Alaska, or at such bank in the city of New York, in the State of New York, or such place. as may be designated by the common council of the town of Valdez; the place of payment to be mentioned in said bonds: And provided further, That each and every such Signatures to bond shall have the written signature of the mayor and clerk of said town of Valdez and also bear the seal of said town. bonds. Restriction on use of pro ceeds. Sale and disbursements. Insane per sons. etc., of. fund.' insane, repealed. SEC. 5. That no part of the funds arising from the sale of said bonds shall be used for any purpose other than that specified in this Act. SEC. 6. That said bonds shall be sold only in such amounts as the common council shall direct, and the proceeds thereof shall be disbursed under the limitations hereinbefore imposed and under the order and direction of said common council from time to time as the same may be required for the purposes aforesaid. SEC. 7. That the Secretary of the Interior shall hereBids for care, after, as in his judgment may be deemed advisable, advertise for and receive bids for the care and custody of persons legally adjudged insane in the district of Alaska, and in behalf of the United States shall contract, for one or more years, as he may deem best, with a responsible asylum or sanitarium west of the main range of the Rocky Mountains submitting the lowest and best responsible bid for the care and custody of persons legally adjudged insane in said district of Alaska, the cost of adver tising for bids, executing the contract, and caring for the insane to be paid from appropriations to be made for such service upon estimates to be submitted to Congress "Alaska annually. So much of the Act approved January twentyUse of, for seventh, nineteen hundred and five, entitled "An Act to care, etc., of provide for the construction and maintenance of roads, establishment and maintenance of schools, and care and support of insane persons in the district of Alaska, and for other purposes," as provides that five per centum of the license moneys collected outside of incorporated towns in the district of Alaska shall be devoted to the care and maintenance of such insane persons is hereby repealed, To be used and such five per centum, or so much thereof as may be for school pur- necessary, shall hereafter be applied to and used for the establishment and maintenance of public schools in said district, under the supervision of the governor. Liquor li- SEC. 8. That sections four hundred and sixty-four, four hundred and sixty-five, and four hundred and sixty-eight. of an Act entitled "An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for said district," approved March third, eighteen hundred and ninety-nine, be, and the same are hereby, amended to read as follows: poses. censes. Consent to "SEC. 464. That before any license is granted, as proissue by rest vided in this Act in relation to intoxicating liquor, it age shall be shown to the satisfaction of said court that a ma dents over 21 years of required. jority of the white male and female citizens over the age of twenty-one years, within two miles of the place where intoxicating liquor is to be manufactured, bartered, sold. and exchanged or bartered, sold, and exchanged, have, in good faith, consented to the manufacture, barter, sale, and exchange or the barter, sale, and exchange of the same; and the burden shall be upon the applicant or applicants to show to the satisfaction of said court that a ma Provisos. towns. No further proof of conrequired for one year. jority of the white male and female citizens of twentyone years of age or more have consented thereto, and no license shall be granted in the absence of such evidence: Provided, That no license shall be granted for the manufacture, barter, sale, or exchange of intoxicating liquors in corporated except within incorporated towns, and such other towns, settlements, or communities in which a duly appointed United States commisioner or deputy marshal shall reside, except that the respective district judges may in their discretion grant licenses to the keepers of regularly established road houses on main traveled post-roads and Road houses. post trails in the district: And provided, That when it is made to appear that a majority of said white male and sent female citizens over the age of twenty-one years, of any one place have consented to the manufacture, barter, sale, and exchange or the barter, sale, and exchange of intoxicating liquor, no further proof of the consent of the citizens of the place where such intoxicating liquor is to be manufactured, bartered, sold, and exchanged or bartered, sold, and exchanged, will be required for twelve months thereafter. "SEC. 465. That every person applying for a license to ton to be fled. sell intoxicating liquors in said district shall file with the clerk of the court à petition for such license, verified by the applicant's oath, and such petition shall be considered and acted upon by the court in the order in which the same was filed and numbered. Said petition shall contain: "First. The name and residence of the applicant, and how long said applicant has resided there. Second. The particular place for which license is desired, designating the same by reference to street, locality, or settlement in such manner that the exact location at which such sale of liquor is proposed my be clearly and definitely determined from the description given. "Third. The statement that said applicant is a citizen of the United States, or has declared his intention to become such; that said applicant is not less than twentyone years of age, and that such applicant has not been, since the passage of this Act, adjudged guilty of violating the laws governing the sale of intoxicating liquors, or laws for the prevention of crime in said district. License peti Oath of applicant. Contents of petition. ited to appli "Fourth. That said applicant intends to, and if so Business limlicensed will, carry on such business for himself and not cant. as agent for any other person. management "Fifth. That said applicant intends to, and if so li- Personal censed will, superintend in person the management of the required. business licensed. etc., prohibited. "Sixth. That said applicant will not conduct, main- Gambling. tain, or permit the maintenance of any gambling, dance hall, or bawdy house on or in connection with the premises, nor permit any female or minor in or about the rooms where liquor is sold or served. |